When it comes to these juvenile cases, one of my primary goals as a criminal defense attorney specializing in juvenile law is to protect my client's record. Having a criminal record can significantly hinder your ability to move forward with your life, especially at a young age, as a juvenile, making it challenging to secure a job, pursue an education, and advance in your career.
So, what we try to do is set things up so that either right from the beginning, we can keep the record clean or set it up so in the future, if the juvenile can show good progress and that they're on the right path, we can get the record sealed and destroyed, which basically means that nobody can get the record.
Once a record is sealed and destroyed, it's as if it never existed. This includes law enforcement and prosecutors. If done properly, the Department of Justice's computer will not show it, ensuring your record remains clean moving forward. This process brings a profound sense of relief and security to you and your family, knowing that the past is truly behind you.
Six Months Deferred Entry of Judgment
One potential resolution in these juvenile cases is a Welfare and Institutions Code Section 725 Resolution. This pertains to a misdemeanor case, in which the person must actually admit to the Petition; however, they're not sentenced.
The case is put over for six months. They're ordered to do certain things — whether it be maintaining good grades, performing community service, and a host of other potential requirements, depending on the crime they actually committed. At the end of the six months, if they've done everything they're supposed to do and they're in a position to claim that they've done well in school and they're on the right path, the judge will do two important things. One, dismiss the case; and two, seal and destroy the record.
Deferred Entry of Judgment Probation
Therefore, Section 725 of the Welfare and Institutions Code is only applicable to misdemeanor cases, not felonies. As far as felony cases go, Welfare and Institution Code Section 790 operates similarly to Welfare and Institution Code Section 725, in that, in felony cases, someone would admit to the petition, and the case would be put over for one year instead of six months.
They would be ordered to perform certain tasks, such as community service, maintaining good grades, being cooperative at home, and meeting several other conditions related to their interaction with the probation officer and demonstrating that they're on the right path. The probation officer plays a crucial role in monitoring the juvenile's progress and providing reports to the court. After a year, the person could withdraw their plea. The court will dismiss the case and seal and destroy the criminal record.
Informal Probation
Another potential resolution that is even better than both of those is what's called a Welfare and Institution Code 654 resolution. In this scenario, the case is filed in court. Instead of admitting the petition, which is very similar to a guilty plea, you decline to admit the petition. The case is put over for six months. You're ordered to do certain things.
If, at the end of the six months, you've done nothing, haven't picked up any new cases, or have not received a good report from the probation officer, then the case is dismissed and sealed, and destroyed. In this scenario, which is better than the last two I just mentioned, you don't have to plead guilty to anything. You don't have to admit any petition, and essentially, if you do everything you're supposed to, you'll achieve the best possible result in a juvenile case, which is dismissal. The record is then sealed and destroyed, giving you hope for a positive outcome.
Home on Probation
Other potential resolutions could include someone being released on probation. That would be a scenario where you admit the petition. You're actually convicted of the crime. You're placed at home on probation, where you can obviously remain in your home. You go to school.
The probation department monitors you, and under this scenario, as long as it wasn't a crime that prevents you from having your record sealed and destroyed when you turn 18 after completing all requirements, a motion could be filed with the judge to seal and destroy your record. Other potential resolutions, such as going to camp or the Youth Authority, should be discussed with your juvenile criminal defense attorney. These options involve different processes and potential outcomes, so it's important to understand them fully before making a decision. This underscores the importance of seeking legal advice in all scenarios.
Other potential resolutions, such as going to camp or the Youth Authority, should be discussed with your juvenile criminal defense attorney. This underscores the importance of seeking legal advice in all scenarios.
In all these scenarios, having a seasoned criminal defense attorney by your side is crucial. Especially in serious cases in Los Angeles County, where juvenile cases are treated with the utmost seriousness, legal representation can empower you to seal and expunge your record, avoid custody, and move forward positively, giving you the confidence to face the legal process.
Pick up the phone. Call me. We'll set up an appointment, and I'll help you get through your juvenile criminal matter.
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